Idaho Supreme Court hears Lori Vallow Daybell’s appeal in child murder convictions

Danielle Mullenix

BOISE, Idaho (KIFI) — The Idaho Supreme Court heard oral arguments Monday in the appeal of Lori Vallow Daybell, as she continues her effort to overturn her convictions in the murders of her two children and the conspiracy to kill her husband’s former wife.

What is Daybell appealing?

Daybell filed her appeal earlier this year, arguing that several constitutional and procedural errors occurred during the original proceedings.

The majority of Monday morning’s arguments focused on the district court’s decision to disqualify Mark Means during the time Vallow Daybell was considered incompetent to stand trial based on a conflict of interest. Means had briefly represented both Lori and her husband, Chad Daybell, early in the case.

Attorney Craig Durham argued that the district court lacked specific factual evidence to establish an actual conflict of interest when it removed Means.

“It made a serious analytical error when it concluded that prior joint representation… meant there was an actual conflict of interest,” Durham argued. “In its decision, there are no specific facts about the nature and scope of that attorney-client relationship such that it could find or conclude that Mr. Means’ representation would be adversely affected. It had a starting point, which was joint representation. It had a conclusion, which was an actual conflict of interest, but it didn’t have a bridge connecting those two.”

What is the state arguing?

Representing the district court and the prosecution, attorney Jeffrey Nye countered that removing Means was a necessary measure to protect Daybell’s right to competent representation. Nye pointed out that Means continued submitting court filings even after Daybell had been formally declared incompetent.

“We did not just have a state case where everything was paused,” Nye argued. “We had a case where everyone, including Mr. Means… was filing things into this state case. The documents that the district court cited that raised concerns with him were filed while the case was stayed, including statements that Mr. Means was swearing under penalty of perjury his incompetent client had made to him under the attorney-client privilege. Mr. Means is actively violating his client’s constitutional rights… We do not want our district courts in this state to stand back and say, ‘Nothing I can do. The case is stayed.'”

Idaho Supreme Court Chief Justice G. Richard Brody questioned how lower court actions could lawfully proceed while the defendant’s mental competency was actively in doubt.

Another significant issue raised today involves the possibility of the death penalty returning if Daybell is granted a new trial. According to Durham, Daybell is aware of this possibility and wishes to proceed with her appeals anyway. 

The State of Idaho maintains that the district court committed no reversible errors and that Daybell’s conviction should stand.

The hearing marks another significant development in a case that drew national attention after the disappearance and deaths of seven-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan.

Vallow Daybell was convicted in May 2023 of murdering her children, seven-year-old Joshua “JJ” Vallow and 16-year-old Tylee Ryan, as well as conspiring to murder Tammy Daybell, the former wife of Chad Daybell. She is currently serving multiple consecutive life sentences without the possibility of parole.

The Idaho Supreme Court is not expected to issue an immediate decision on Monday’s arguments. The justices will deliberate and release a formal written ruling at a later date.

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